1 2025:CGHC:36108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5801 of 2025 Bharti Bagh D/o Shri Kamal Bagh Aged About 30 Years R/o Ward No.08, Sanjay Gandhi Nagar, Gudhiyari, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Office Police Station - Civil Lines, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Amiyakant Tiwari, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 44/2025, registered at Police Station – Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that information was received through cyber crime reporting portal coordination that 104 bank accounts have been opened in Utkarsh small finance bank branch Civil Lines Raipur, RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 IFSC code UTKS0001400 which are being used to receive money from cyber fraud, as per the instructions received from the Police headquarters, a letter along with the details of above incident was sent to Police Station concerned, and the FIR was registered against 104 bank account holders including the present applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the applicant happens to be a lady, and the bail application of the co-accused persons have been allowed by this Court vide orders dated 23.07.2025 and 12.06.2025 passed in MCRC Nos. 5735/2025 and 4289/2025, on the ground that they are lady. The applicant is in jail since 23.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co-accused persons is said to have committed cyber fraud and their bank accounts are used to receive money from cyber fraud. Furthermore, the bail application of the co-accused persons have been rejected by this Court vide order dated 22.05.2025 passed in MCRC Nos. 3846/2025, 3996/2025 and 4011/2025, vide orders dated 25.06.2025, 17.06.2025, 30.06.2025 and 27.06.2025 passed in MCRC Nos. 4843/2025, 4568/2025, 5004/2025 and 4057/2025, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that though the bail applications of the co-accused persons are stated to be rejected by this Court, but the bail application of the co-accused persons have been allowed by this Court vide orders dated 23.07.2025 and 12.06.2025 passed in MCRC Nos. 5735/2025 and 4289/2025 on the ground that they are lady, and the the applicant also happens to be a lady, and there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 23.01.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Bharti Bagh, involved in Crime No. 44/2025, registered at Police Station – Civil Line, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 and 3(5) of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar